Subpoenas

If you are unable to get a witness to appear voluntarily,
or you need records produced in court that are not in your
possession, you can ask the court to issue a subpoena. A subpoena
is a legal document that commands the person named in it to
appear in court to testify or to produce records. For example,
police and fire department, Buildings Department, hospital,
telephone or Con Edison records can be subpoenaed. (An expert
witness cannot be compelled to testify by subpoena.)

If you would like to subpoena a witness or documents, you
must come to the Small Claims Clerk’s office and fill
out the subpoena forms. Click on Locations
to find out where to go in your county. After you have filled
out the forms, the clerk will present the subpoena to the
judge for signature. You must then arrange for the service
of the subpoena and the payment of a witness fee and, where
appropriate, travel expenses for the person subpoenaed. You
are responsible for paying these fees. Any person, including
a friend or relative, who is 18 years of age or older and
who is not a party to the small claim can serve the subpoena.
A party cannot serve a subpoena. For detailed information
on how to serve a subpoena, click on Subpoena Instructions.

A subpoena can be served any time before the hearing. However,
a witness should be given a "reasonable" amount
of time before he or she must appear. Generally, it is considered
reasonable to serve the subpoena at least 5 days before the
hearing date. This will allow the person subpoenaed to prepare
the items you request or appear at the hearing.